02.02.2022

STOICA & Associații: participation in the conference "CJEU- Constitutional Court of Romania. A necessary dialogue"

In the conference European Court of Justice-Constitutional Court of Romania. A necessary dialogue organized online by Juridice.ro, from STOICA & Asociații participated in the panel as speakers:

Dragoș Bogdan- Senior Partner - "Approaches of Constitutional Courts / Tribunals and/or Supreme Courts of EU Member States on the Relationship between Constitutional Rules and EU Law" in which it has been shown that although the supremacy of EU law is unquestionable in the case of ordinary laws, the situation is more nuanced if the case of fundamental laws, as decided by the constitutional courts of the Member States over time. In these cases, certain exceptions to the supremacy of EU law vs Constitution are established: for example, the Solange Doctrine, the Doctrine of Constitutional Identity, or the German Ultra Vires Doctrine.

Cosmin Pintilie - Senior Associate – in his intervention entitled "Is dialogue possible in the absence of a revision of the Constitution?" put forward several arguments in support of the idea that a dialogue between the Romanian Constitutional Court and the CJEU is possible and necessary, as there is no impediment that can only be overcome by revising the Constitution. The roles played by the two courts in the "European legal space" require loyal cooperation and sometimes even "loyal opposition", and in the current stage of development of European construction, any form of judicial isolation cannot be accepted.

The conference’s director and the general moderator was Prof. Univ. Emeritus Valeriu Stoica, Phd - Founding Partner, STOICA & Asociații.

The list of guests, the full program of the conference can be seen here.

image